Preliminary communication
https://doi.org/10.22598/iele.2022.9.1.1
ARGUMENTS FOR AND AGAINST THE INTRODUCTION OF COMPULSORY VACCINATION FOR HEALTH CARE WORKERS
Ivana Tucak
; Faculty of Law University of Osijek, Osijek, Croatia
Mario Vinković
orcid.org/0000-0002-6817-7190
; Faculty of Law University of Osijek, Osijek, Croatia
Abstract
The refusal of vaccination by health professionals, as a scientifically proven method of protection against disease, in a time of COVID 19 is deeply worrying because they are the ones who should explain to patients the characteristics of the vaccine and its benefits. The WHO believes that the introduction of compulsory vaccination can be counterproductive and that other non-coercive measures should be employed beforehand to achieve high vaccination coverage. States should therefore strike an appropriate balance between the autonomy and the right to self-determination of health professionals and the principle that their actions must not harm patients (the principle of non-maleficence) or must contribute to patient well-being (the principle of beneficence). This paper aims to analyze the response of the Republic of Croatia to this exceptional public health crisis. The paper is divided into two main parts. The first part of the paper explores the doctrinal, legal, and social issues surrounding the model of voluntary vaccination and the model of compulsory vaccination concerning health professionals. Special emphasis is placed on reasons for vaccine refusal among healthcare professionals. The second part of the paper deals with the issues of (compulsory) vaccination of health professionals through the labor law perspective in the Republic of Croatia, but also the practices of EU Member States that have introduced vaccination as an obligation of employees. The authors focused their research on socio-legal and qualitative analysis, as well as methodological pluralism.
Keywords
COVID-19; compulsory vaccination; health care workers; Croatian legislation; right to self-determination
Hrčak ID:
280270
URI
Publication date:
12.7.2022.
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